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Findings of Fact Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 1 of 8 EXHIBIT A FINDINGS FOR PROJECT APPROVAL Federal Way Revised Code (FWRC) Section 19.145.090 “Reasonable Use of the Subject Property” & FWRC Chapter 19.65, “Process III Project Approval” SOKALSKYY NORTH LOT REASONABLE USE REQUEST File #21-102193-UP The Director of Community Development hereby makes the following findings according to the content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4) and 19.145.090. These findings are based on review of city documents and items submitted by the applicant received June 10, 2021, and subsequent resubmittals received on July 27, 2021, and December 20, 2021. 1. Proposal – The applicant is proposing a new single-family residence, driveway, and utility connections, on parcel #292104-9091. The property is partially encumbered by a wetland and on-site wetland buffer and completely encumbered by an off-site wetland buffer. The on-site wetland (Wetland A) buffer is 150 feet and the off-site wetland (Wetland B) buffer that affects the property is 300 feet. Wetland buffer impacts are unavoidable as the wetland buffers occupy the entire parcel. The total proposed wetland buffer impact includes a 1,562 square foot (sq. ft.) building footprint for the residence with a proposed roof area of 1,640 sq. ft. and a driveway. The total impervious area will be 2,702 sq. ft. Site access and utility connections will be via a paved access easement across parcel 292104-9060 to the south, that connects to South 359th Street. Wetland and buffer enhancement are also proposed. The required frontage improvements along parcel 292104-9060 to the south, as modified, are to have the developer install a 5-foot gravel shoulder along the property frontage to accommodate the school walking route. This improvement is not included in the buffer impact calculations for this Reasonable Use Request as it is associated with the Reasonable Use Request for parcel 292104-9060. 2. Site Conditions – The 0.86-acre site is vacant and rectangular in shape. According to the submittal, the site has been regularly managed as a garden and livestock pasture associated with an adjacent homesite for several years. There is a mild slope from the northeast to the southwest. The property is partially encumbered by a wetland and on-site wetland buffer and completely encumbered by an off-site wetland buffer. The on-site wetland (Wetland A) buffer is 150 feet and the off-site wetland (Wetland B) buffer that affects the property is 300 feet. The property to the west of the project site is part of the Hylebos Wetlands Regional Park. 3. Zoning and Comprehensive Plan – Zoning for the subject site is Single-Family Residential (RS 15.0). Construction of a detached dwelling unit is a permitted use in this zone subject to the provisions of FWRC 19.200.010. The Federal Way Comprehensive Plan (FWCP) designation for the subject site is Single Family – Medium Density. 4. Review Process – As the property is partially encumbered by a wetland and on-site wetland buffer and completely encumbered by an off-site wetland buffer, the Reasonable Use Request for development Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 2 of 8 within a wetland buffer is subject to “Reasonable Use of the Subject Property,” reviewed under Process III, Project Approval per FWRC 19.145.090(2). The Director of Community Development makes a written decision on the application based on the criteria listed under FWRC 19.145.090 and 19.65.100. 5. State Environmental Policy Act (SEPA) – The application is exempt from review under the State Environmental Policy Act (SEPA) as it does not exceed city adopted flexible thresholds set forth in FWRC 14.15.030(a) for construction of residential structures up to 20 dwelling units. No work is proposed within the on-site or off-site wetlands. 6. Public Notice and Comment – The application was deemed complete for processing on July 8, 2021, and a Notice of Application was posted on July 23, 2021. The notice was posted at the subject property, posted on the city website, published in the Federal Way Mirror, and mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. The comment period concluded on August 9, 2021. No comment letters were received. 7. Wetland Buffer Development – The property previously went through a wetland report peer review. Under city file no. 16-105771-AD it was determined, as documented in a September 18, 2017, letter that there was a Category II wetland on-site (Wetland A) with a 165-foot buffer and a Category I wetland off- site (Wetland B) with a 225-foot buffer, and that the property was completely encumbered by the buffers from Wetlands A and B. The lot along with the lot to the south were later reconfigured via a Boundary Line Adjustment (city file no. 18-102925-SU) approved on December 11, 2018, and recorded under King County recording number 20190208900013. The June 13, 2016, wetland delineation prepared by Habitat Technologies was valid for a five-year period. The Reasonable Use Request was submitted on June 10, 2021, during the five-year period in which the wetland report was valid. The city updated the wetland buffer requirements in the FWRC via Ordinance No. 19-873, adopted in July 2019. As part of the Reasonable Use Request submittal, the applicant was asked to provide a report addendum to update the Wetland A and B buffer widths to reflect current code, FWRC 19.145.420. The result was an buffer decrease for the on-site wetland (Wetland A) buffer from 165 feet to 150 feet and a buffer increase for the off-site wetland (Wetland B) buffer from 225 feet to 300 feet. Now the property is partially encumbered by a wetland and on-site wetland buffer and completely encumbered by the off-site wetland buffer. The provisions of FWRC 19.145.090, “Reasonable Use of the Subject Property,” establish a mechanism whereby the provisions of the critical areas code may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property. Wetland buffer impacts are unavoidable. The total proposed wetland buffer impact includes a 1,562 square foot (sq. ft.) building footprint for the residence with a proposed roof area of 1,640 sq. ft. and a driveway. The total impervious area will be 2,702 sq. ft. Site access and utilities connections will be via a paved access easement across parcel 292104-9060 to the south, that connects to South 359th Street. Wetland and buffer enhancement are also proposed. The required frontage improvements along parcel 292104-9060 to the south, as modified, are to have the developer install a 5-foot gravel shoulder along the property frontage to accommodate the school walking route. This improvement is not included in the buffer impact calculations for this Reasonable Use Request as it is associated with the Reasonable Use Request for parcel 292104-9060. Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 3 of 8 On June 10, 2021, the applicant submitted a Reasonable Use Request via a Use Process III land use application. The submitted materials included a Wetland and Buffer Establishment and Enhancement Program prepared by Habitat Technologies, dated April 12, 2021. A technical review letter, dated August 10, 2021, was sent from the city to the applicant. Changes to the site layout and reduction of impervious surfaces were possible, and as a result, revisions to the proposal were required by the city. The proposed home and driveway needed to be moved further away from the on-site wetland and excess driveway area eliminated. The applicant resubmitted project materials on December 20, 2021. Modifications to the proposal included a revised project layout. Per FWRC 19.200.010 and the 19.05.160 definition of “property line,” a 20-foot setback applies along the southern lot line, as that is where the primary vehicular access is and this lot is not a flag lot. As a result, the eastern property line requires a five-foot side yard setback. While the resubmitted plan incorporates the 20’ front setback along the southern property line, it also still includes a 20’ setback from the eastern property line, which exceeds the requirement. Changes to the site layout are possible; the proposed home and driveway can and must be moved further away from the on-site wetland. In accordance with FWRC 19.145.090(4), if the city grants a reasonable use request it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property; any waiver of requirements shall result in the minimum possible impacts to the function associated with proposed improvements on affected critical areas. As a result, a condition of approval will apply a maximum side yard setback of a 5’ along the eastern property line. The applicant also submitted a revised Wetland and Buffer Establishment and Enhancement Program report prepared by Habitat Technologies, dated December 2, 2021. The report addresses the criteria in FWRC 19.145.090(3) and details an enhancement program for the wetland and buffers. The proposed enhancement program has the following actions proposed as compensation for the required reduction of the wetland buffers, which with minor modifications, will be made conditions of approval: 1. The retained onsite wetland and associated retained buffer areas shall be initially cleared of any existing garbage and invasive vegetation. Beneficial native trees and shrubs shall be identified and flagged by the project biologist and shall not be removed. The removal of the invasive shrubs and assorted debris shall not adversely impact the soil profile or offsite aquatic features. In addition, the existing site contours not within the proposed homesite development envelope shall not be modified. 2. The proposed homesite development envelope shall be clearly identified and then protective silt fencing shall be installed along this envelope boundary. 3. The established onsite wetland and buffer areas shall be planted with a variety of native trees and shrubs common to the local area. These activities shall create a plant community that protects and enhances the functions and value of the onsite and offsite wetland, provides wildlife habitats, and protects local water quality. 4. All onsite activities shall be monitored by the project biologist or landscape architect. Final plant placements shall be approved by the project biologist prior to installation. Following the completion of onsite planting activities an Implementation Report shall be prepared and submitted to the City of Federal Way. 5. Upon the city’s acceptance of the implementation report a five-year monitoring program shall be undertaken following the successful completion of the initial planting efforts to Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 4 of 8 ensure the success of the Wetland and Buffer Establishment and Restoration Program. A series of financial guarantees would be provided to the City of Federal Way (if required) and be implemented to ensure that the proposed work is completed and is successful. 6. Protective silt fencing and orange construction fencing shall be installed along the outer boundary of the established development envelope. This fencing shall be maintained serviceable throughout the construction of the proposed single-family homesite. 7. A protective split-rail fence (or other fence approved by the city) shall be placed along the defined outer buffer boundary adjacent to the new homesite. This fence shall be posted with a minimum of five (5) City of Federal Way buffer boundary signs. 8. The established buffer shall be memorialized with a recorded “notice on title” or other protective means. 8. Reasonable Use of the Subject Property – Pursuant to FWRC 19.145.090, the city may approve a modification or waiver of the requirements of FWRC Chapter 19.145 (“Environmentally Critical Areas”) on a case-by-case basis if its implementation would deprive an applicant of all reasonable use of the subject property based on the following criteria: (a) The application of the provisions of this chapter eliminates all reasonable use of the subject property. Staff Response: The site is partially encumbered by a wetland and on-site wetland buffer and entirely encumbered by an off-site wetland buffer. In order to have reasonable use of the property and develop any single-family residence, the development must intrude into the wetland buffers. The proposed improvements are of a reasonable limited size and scale. This criterion is met. (b) No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and/or reduction of impervious improvements. Staff Response: The original proposal has been modified to move the project’s development envelope further away from the wetland and reduce the proposed driveway. Per FWRC 19.200.010 and the 19.05.160 definition of “property line,” a 20-foot setback applies along the southern lot line, as that is where the primary vehicular access is and this lot is not a flag lot. As a result, the eastern property line requires a five-foot side yard setback. While the resubmitted plan incorporates the 20’ front setback along the southern property line, it also still includes a 20’ setback from the eastern property line, which exceeds the requirement. Changes to the site layout are possible; the proposed home and driveway can and must be moved further away from the on-site wetland. In accordance with FWRC 19.145.090(4), if the city grants a reasonable use request it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property; any waiver of requirements shall result in the minimum possible impacts to the function associated with proposed improvements on affected critical areas. As a result, a condition of approval will apply a maximum side yard setback of a 5’ along the eastern property line. As conditioned, this criterion is met. (c) It is solely the implementation of this chapter, and not other factors, that preclude all reasonable use of the subject property. Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 5 of 8 Staff Response: It is the wetland buffers that preclude all reasonable use of this property and not any other factors. This criterion is met. (d) The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in any way contributed to such limitation. Staff Response: The applicant has not created, exacerbated, nor contributed to the condition that forms the limitation on the use of the subject property. This criterion is met. (e) The waiver or modification will not lead to, create, nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. Staff Response: Development in accordance with adopted zoning, building, fire, and civil design (including storm drainage, grading, and erosion control) codes, along with implementation of wetland and buffer enhancement will ensure the project will not lead to, create, nor significantly increase the risk of injury or death to any person, or damage to improvements on or off the subject property. This criterion is met. 9. Transportation Concurrency– As a component of the Use Process III application, projects undergo transportation concurrency analysis according to the state’s Growth Management Act (GMA); goals and policies of the FWCP; and FWRC Chapter 19.90, “Transportation Concurrency Management.” The city’s Traffic Division reviewed the concurrency application and determined that all intersections impacted by one or more weekday evening peak hour trips will meet the city’s Level of Service standards with programmed improvements. A Capacity Reserve Certificate was issued on October 25, 2021, for the development of one single-family lot. The number of new PM peak hour vehicle trips generated by the project is 1. 10. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on the fee schedule in effect at the time a building permit application is filed and must be paid before permit issuance, per FWRC 19.100.070. 11. Street Frontage Improvements – The applicant submitted a modification request to the Public Works Department to waive required street frontage improvements along South 359th Street (city file no. 20- 104334-SM). A decision was issued on December 9, 2020; the required improvements, as modified, are to have the developer install a 5-foot gravel shoulder along the property frontage to accommodate the school walking route. 12. Stormwater– Surface water runoff control is required per the requirements of Appendix C – Simplified Drainage Review – of the 2021 King County Surface Water Design Manual (KCSWDM). The drainage assessment and preliminary site plan indicate that basic dispersion is proposed to control runoff from the proposed new impervious surfaces associated with the single-family home (rooftop and driveway). Final review and approval of the storm drainage system will occur as part of the building permit review. Erosion and sediment control measures are required during construction. 13. Water and Sewer – The applicant proposes to serve the single-family lot with public water and sewer managed by Lakehaven Water & Sewer District. According to the submitted Certificate of Sewer Availability, dated April 6, 2021, sewer service can be provided by service connection to an existing 12” diameter sewer main that is approximately 40+/- feet from the site and the sewer system has the capacity to serve the proposed land use. According to the submitted Certificate of Water Availability, dated April Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 6 of 8 6, 2021, water service can be provided by service connection to an existing 6” diameter water main that is approximately 25-160 (+/-) feet from the site. 14. South King Fire & Rescue – South King Fire & Rescue reviewed the proposal and provided the following comments. A Certificate of Water Availability shall be requested from the Water District and provided at the time of the building permit application. The existing fire hydrant on South 359th Street is sufficient for this project. Fire hydrants shall be in service prior to and during the time of construction. Fire apparatus access roads shall comply with all requirements of Fire Access Policy 10.006. Fire apparatus access roads shall be installed and made serviceable prior to and during the time of construction. Access to the lot is less than 20 feet wide and an approved turnaround is not provided. All vehicle access gates shall comply with the Gate Policy. Fire sprinklers are required for the lot, unless an approved turnaround is provided. 15. Director’s Decision Criteria – In addition to the criteria contained within FWRC 19.145.090(3), the Director of Community Development makes a written decision on the application based on the criteria listed under FWRC 19.65.100(2): a. The proposal is consistent with the comprehensive plan; The Federal Way Comprehensive Plan (FWCP) designation for the subject property is Single Family – Medium Density. The FWCP (Revised 2015) contains the following applicable goal and policy: o NEG2: Balance the protection of environmentally critical areas with rights of property owners. o NEP17: Continue the practice of providing a process for reasonable use exception when the implementation of environmentally critical areas regulations deprives a property owner of all reasonable use of their property. The applicant is requesting a Reasonable Use Exception, as the implementation of the environmentally critical areas regulations would deprive the owner of all reasonable use of their property. b. The proposal is consistent with all applicable provisions of the FWRC; As conditioned, the proposal is consistent with the applicable zoning regulations as detailed in this report. c. The proposal is consistent with the public health, safety, and welfare; The Community Development and Public Works Departments, along with Lakehaven Water & Sewer District and South King Fire & Rescue, have reviewed the project for conformance with codes designed to protect the public health, safety, and welfare. Additional details will be reviewed at the building/engineering permit stage. d. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; See the Transportation, Water & Sewer, and Stormwater related sections of this report. e. The proposed access to the subject property is at the optimal location and configuration; and Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 7 of 8 Access to the site will be provided via a paved access easement across parcel 292104-9060 to the south, that connects to South 359th Street. Also, see the Transportation-related sections of this report. f. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. The project involves development of one single-family residence. Also see the Transportation-related sections of this report. 16. Conditions of Approval – The following conditions of approval are attached to the Process III decision: 1) A maximum side yard setback of a 5’ applies along the eastern property line. 2) Prior to the start of construction, the retained on-site wetland and associated retained buffer areas shall be initially cleared of any existing garbage and invasive vegetation. Beneficial native trees and shrubs shall be identified and flagged by the project biologist and shall not be removed. The removal of the invasive shrubs and assorted debris shall not adversely impact the soil profile or off-site aquatic features. In addition, the existing site contours not within the proposed homesite development envelope shall not be modified. 3) Prior to the start of construction, the proposed homesite development envelope shall be clearly identified and then protective silt fencing shall be installed along this envelope boundary. 4) Prior to and for the duration of construction activity, the applicant shall install protective silt fencing and orange construction fencing along the outer boundary of the established development envelope. This fencing shall be maintained serviceable throughout the construction of the proposed single- family homesite. A preconstruction inspection by the Planning Division is required to verify the fencing has been installed. Contact Principal Planner Stacey Welsh at 253-835-2634 to schedule the inspection. 5) Prior to issuance of a building permit, a series of financial guarantees shall be implemented to ensure that the proposed wetland and buffer enhancement work is completed and is successful (performance and monitoring). 6) Prior to issuance of a Certificate of Occupancy, the established on-site wetland and buffer areas shall be planted with a variety of native trees and shrubs common to the local area. These activities shall create a plant community that protects and enhances the functions and value of the on-site and off- site wetland, provides wildlife habitats, and protects local water quality. 7) All on-site activities shall be monitored by the project biologist or landscape architect. Final plant placements shall be approved by the project biologist prior to installation. Following the completion of on-site planting activities, an Implementation Report shall be prepared and submitted to the city. The implementation report shall be provided to the city prior to issuance of a Certificate of Occupancy. 8) Upon the city’s acceptance of the implementation report, a five-year monitoring program shall be undertaken following the successful completion of the initial planting efforts to ensure the success of the Wetland and Buffer Establishment and Restoration Program. 9) Prior to issuance of a Certificate of Occupancy, a split rail fence shall be placed along the defined Sokalskyy North Lot Reasonable Use Request 21-102193-UP / Doc. I.D. 82006 Findings for Project Approval Page 8 of 8 outer buffer boundary adjacent to the new homesite with critical areas signage installed every 150 feet. Contact Public Works Development Services for the sign detail. A final inspection by the Planning Division is required to verify the split rail fence and signage has been installed. Contact Principal Planner Stacey Welsh at 253-835-2634 to schedule the inspection. 10) Prior to issuance of a Certificate of Occupancy, the applicant shall record with the King County Recorder’s Office a “notice on title” per FWRC 19.145.170 and provide a recorded copy to the city. CONCLUSION – As conditioned, the proposed development is consistent with the decisional criteria required under FWRC Chapter 19.65, “Process III, Project Approval” and FWRC 19.150.040, “Reasonable Use of the Subject Property.” Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Stacey Welsh, Principal Planner Date: February 22, 2022